Eliminating a statutory inconsistency that allows certain serious felons to become eligible for parole and medical parole earlier than intended. (Governor’s Program Bill #200)

There was an attempt to reach a three-way agreement on Leandra’s Bill, which would enhance penalties for operating a motor vehicle while impaired by alcohol, drugs or a combination of both while a child is a passenger in the vehicle, and expanding court-ordered use of ignition interlock devices, but Senate Transportation Committee Chairman Martin Dilan said that the Assembly is attempting to “water-down” the bill. As a result, the Senate plans to gavel in to regular session and pass the governor’s original program bill #198 as a one-house bill. Sen. Charles Fuschillo and Assemblyman Harvey Weisenberg sponsored an alternative bill, but that does not appear to be going anywhere right now. (Fuschillo and his Democratic Senate colleagues have been working to try to reconcile their bills and the governor’s program bill.)

Update: Assembly spokesman Dan Weiller disputed Dilan’s assertion that the Assembly is trying to “water down” the bill, explaining that the Senate originally agreed to reduce the penalty from a Class E Felony to a misdemeanor. It is unclear how or why the negotiations broke down and whether an agreement can be reached before the Senate puts it to a vote.

The three sides haven’t reached an agreement on the Deficit Reduction Plan, but Senate Democratic spokesman Travis Proulx said, “We’re continuing good-faith negotiations and making progress. We have agreement on over two-thirds of the proposal.”

As for legislation legalizing gay marriage, the Senate Democrats engaged in heated discussion during conference earlier — a conference meeting that did not include Sen. Tom Duane, the lead Senate sponsor of the bill. But so far, there’s been no indication that it will be brought on the floor today.

Several Senate sources has said that they do not expect the issue to be brought to the floor today.

(An indication — given the national interest in the issue, you’d think that if it was coming to the floor for a vote, CNN, Fox, and the networks would be up here. None of that so far. We’ll keep our eyes peeled and update as things change.)

Click after the jump for the legislation listed in Paterson’s original proclamation:

The full legislative menu submitted by Governor Paterson for Tuesday’s session includes:

Capping the growth of State government spending to help control State expenditures and improve New York’s long-term fiscal integrity; and establishing a school tax circuit breaker tax credit and a Property Tax Circuit Breaker Reserve Fund to provide property tax relief to New Yorkers;

Providing property tax relief through efficiency in local government by making it easier for municipal governments to form cooperative health benefit plans for their employees; facilitating highway shared services agreements among municipalities, and between municipalities and State agencies; allowing multiple counties to employ a single public health director; increasing the local competitive bidding thresholds on public works contracts; equalizing the treatment of collateral sources in tort actions against public employers and protecting parties to the settlement of a tort claim from certain unwarranted lien, reimbursement and subrogation claims; and authorizing the municipal bond bank agency to issue bonds, notes or other obligations to purchase bonds issued by municipalities to provide for public improvements afforded by the American Recovery and Reinvestment Act of 2009;

Eliminating a statutory inconsistency that allows certain serious felons to become eligible for parole and medical parole earlier than intended;

Providing same-sex couples the same opportunity to enter into civil marriages as opposite-sex couples;

Enhancing penalties for operating a motor vehicle while impaired by alcohol, drugs or a combination of both while a child is a passenger in the vehicle, and expanding court-ordered use of ignition interlock devices;

Reforming the pension system by creating a new tier of pension benefits (Tier 5) for certain newly hired State and local government employees;

Reforming public authorities in New York State by increasing the transparency and accountability of authorities and their transactions and improving oversight of such authorities through the creation of an independent authorities budget office; and

Establishing a municipal sustainable energy loan program to assist property owners in the installation of renewable energy and energy efficiency improvements.

SENATOR FUSCHILLO JOINS FATHER OF LEANDRA ROSADO, OTHERS TO CALL FOR PASSAGE OF BILL MAKING DRIVING DRUNK WITH A CHILD IN THE CAR A FELONY

Fuschillo Bill Would Enact “Leandra’s Law,” Protect Young New Yorkers

State Senator Charles J. Fuschillo, Jr. today joined Lenny Rosado, the father of Leandra Rosado, and representatives from Mothers Against Drunk Driving (MADD) to call on the leaders of the State Senate and Assembly to enact legislation to create felony charges for individuals who drive drunk with a child in the car.

Anti-DWI legislation was expected to be taken up at today’s special session in Albany, but the final bill was in danger of being watered down by the Assembly and others.

“There have been far too many examples, particularly in recent months, where children are put in danger by the very adult that is responsible for their safety. These children become defenseless hostages, because most are too young to take away the keys or call a cab. We need stronger penalties for these reckless and irresponsible individuals, and while I applaud the Governor for putting anti-drunk driving legislation on today’s agenda it’s important that we pass the most effective bill possible to make this horrific crime a felony,” said Senator Fuschillo (R-Merrick).

11-year-old Leandra Rosado was killed in October after a car driven by the mother of one of her friends overturned on the Henry Hudson Parkway. The driver was later charged with vehicular manslaughter and drunken driving, spurring calls for stronger DWI legislation known as “Leandra’s Law.”

Leandra’s father has created a website to push for enactment of “Leandra’s Law” at leandraslaw.info. The website obtained more than 3,000 signatures on the first day it was activated.

* Individuals who drive drunk with a child under the age of 16 in the car would be charged with a class E felony and face up to four years in prison and/or a fine of up to $5,000;

* The state’s aggravated vehicular homicide law would be expanded to include drunk drivers who kill a child under the age of 16. In addition, the legislation would raise the penalty for aggravated vehicular homicide to a class B violent felony punishable by up to 25 years in prison;

* The state’s aggravated vehicular assault law would be expanded to include drunk drivers who seriously injure a child under the age of 16. In addition, the legislation would raise the penalty for aggravated vehicular assault to a class C violent felony punishable by up to 15 years in prison.

Adults driving drunk with a child in the car remains a problem throughout New York State. There have been numerous examples over the years where parents were arrested for drunk driving with children in the car. This past summer on the Taconic Parkway, Diane Schuler crashed and killed 7 other people, including 4 children riding in her car, while allegedly driving drunk.

Senator Fuschillo is the author of several anti-DWI laws, including New York State’s “.08” law and the law creating the crimes of aggravated vehicular homicide and aggravated vehicular assault for drunk drivers who kill or seriously injure others. Senator Fuschillo is also sponsoring legislation (S27B), which has been passed by the Senate, to require all convicted DWI offenders to install and use an ignition interlock at their own expense.